Legal Opinion

Branham v. Mayor & Common Council

California Supreme Court

Decided July 1, 1864PublishedCited by 26 opinions

Appeal from the District Court, Third Judicial District, Santa Clara County. The demurrer to the complaint was sustained, and judgment rendered for' defendant in the Court below, and plaintiff appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sanderson, C. J.

The appeal in this case comes before us on demurrer to the complaint. The facts as alleged in the complaint are substantially as follows :

By the Constitution, the Pueblo of San José was declared the seat of government until removed by law. The first session of the Legislature was held at that place. There was then no building belonging to the State or the Pueblo of San José adapted to the purposes of the Legislature, and the citizens of the pueblo petitioned the Ayuntamiento, or Town Council, to procure one. This the Ayuntamiento endeavored to do, but failed for…

2Cases cited4 opinions

  1. Hart v. BurnettCalifornia Supreme Court · 1860
  2. Sanford v. McLeanNew York Court of Chancery · 1831
  3. Ex Parte Wood & BrundageSupreme Court of the United States · 1824
  4. Bennett v. IrwinNew York Supreme Court · 1808

3Cited by26 opinions

  1. Boren v. State Personnel BoardCalifornia Supreme Court · 1951
  2. Fifield Manor v. FinstonCalifornia Supreme Court · 1960
  3. People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
  4. B & P DEVELOPMENT CORP. v. City of SaratogaCalifornia Court of Appeal · 1986
  5. Van Eaton v. Town of SidneySupreme Court of Iowa · 1930

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